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2025 DAILYLAW 6202 (JHR)

MAMTA KUMARI v. VIKASH KUMAR

Tr.Pet.CVL/31/2025 · 2025-07-02

Pradeep Kumar Srivastava

Transfer Petitionbody2025

Judgment text

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2025:JHHC:17502 IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (C) No.31 of 2025 Mamta Kumari, aged about 28 years, wife of Vikash Kumar and daughter of Shri Kedar Prasad Yadav, resident of Shivpuri Colony, Near Guru Maa Ashram, Bishunpur, P.O. 'B' Polytechnic, P.S. Dhanbad, District Dhanbad, State Jharkhand at present residing at Shivpuri Colony, Chas, P.O. & P.S. Chas, District Bokaro, State Jharkhand. … Petitioner Versus Vikash Kumar, aged about 39 years, son of Radhey Shyam Singh, resident of Shivpuri Coloy, Near Guru Maa Ashram, Bishunpur, P.O. 'B' Polytechnic, P.S. Dhanbad, District Dhanbad, State Jharkhand. … Opp. Party Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner : Mr. Nishant Kumar Roy, Adv. For the Opposite Party : None Order No.06/Dated- 02.07.2025 1. Learned counsel for the petitioner is present. But none appears on behalf of the opposite party/husband, in spite of valid service of notice and sufficient opportunity given by this Court on earlier dates. 2. Heard learned counsel for the petitioner. 3. The present transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Matrimonial Suit No.1069 of 2024, filed by the husband (opposite party) against the present petitioner (wife) under Section 9 of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Family Court, Bokaro. 4. It has been submitted by learned counsel for the petitioner that the petitioner was married with the opposite party/husband in accordance with Hindu rites and customs on 13.12.2021. The husband/opposite party harassed the petitioner emotionally, physically and mentally and put under grave threat to get divorce from her and she was driven away from her matrimonial home in July 2024 after committing assault upon 2025:JHHC:17502 her. It is further submitted that the husband has filed the above Original Matrimonial Suit No.1069 of 2024 before the Court of Principal Judge, Family Court, Dhanbad under Section 9 of the Hindu Marriage Act, 1955. In the said case, an agreement was entered into on 23.12.2024 before Mediation Center, Dhanbad, thereafter, petitioner went with her husband but she was again ousted from her matrimonial home. Due to threat of dire consequences by the husband/opposite party, she could not contest the suit at Dhanbad and petitioner is unable to meet essential expenses related to travel, food or attending the ongoing case before the learned Court of Principal Judge, Family Court, Dhanbad, therefore, it is prayed that the said Original Matrimonial Suit No.1069 of 2024 may be transferred from the Court of Principal Judge, Family Court, Dhanbad to the Court of Principal Judge, Family Court, Bokaro. 5. Considering the overall aspects of the case and the submissions on behalf of the petitioner, I feel inclined, in the ends of justice, to allow the prayer of the petitioner. 6. Accordingly, the proceedings of Original Matrimonial Suit No.1069 of 2024 pending before the Court of Principal Judge, Family Court, Dhanbad is hereby transferred to the Court of Principal Judge, Family Court, Bokaro. 7. The present transfer petition stands disposed of. (Pradeep Kumar Srivastava, J.) Sachin